Last Updated: March 14, 2012
Rumble Entertainment, Inc. (“Rumble”, or “we”) is a game publisher that delivers immersive and accessible social games (each a “Games”) on its site at www.rumblegames.com (“Rumble Site”) as well as, in our discretion, on a number of third party-platforms, including social networks (each a “Third Party Platform”). The services offered by Rumble encompass the Games, the Rumble Content (as defined below) and any associated services (the foregoing, collectively, the “Services”).
Eligibility and Rumble Account Registration
In order to play Games on the Rumble Site, you will need to register and become a “Member”. In order to do so, you can create an account on the Rumble Site (“Rumble Account”) or log in via a Third Party Platform (e.g., via Facebook Connect). For Games available on Third Party Platforms, you will just have to click on the Rumble application available on the applicable Third Party Platform (“Application”). Upon clicking on the Application, we will extract the information that you have provided to the Third Party Platform (such as, for instance, your “real” name and your user name, such as your Facebook ID) from the account that you have with such Third Party Platform). You represent that the information in your Rumble Account or Third Party Platform’s account, and any other piece of information otherwise provided to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. Rumble reserves the right to suspend or terminate your Rumble Account or your access to the Services if any information provided to us proves to be inaccurate, not current or incomplete. Rumble reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights. If you are not a Member you may browse or use the parts of the Services that are not limited to Members only.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Rumble Account or Third Party Platform’s account, whether or not you have authorized such activities or actions. You will immediately notify Rumble of any unauthorized use of your accounts.
Use of the Services
a. You shall not create a Rumble Account or use the Services, whether on the Rumble Site or any Third Party Platform, if you are under the age of 13;
b. You shall monitor your Rumble Account and/or Third Party Platform’s accounts and restrict use under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors in connection with any of your accounts. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
c. You shall not have more than one account per platform, whether the Rumble Site or a Third Party Platform, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not create a Rumble Account or use the Services, whether on the Rumble Site or any Third Party Platform, if you are a convicted sex offender or if you have previously been removed by Rumble or previously been banned from playing any Rumble game;
f. You shall not use the Services if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
g. You shall use the Services only for non-commercial purposes;
h. You shall not use the Services to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam) to anyone;
i. You shall not use the Services to engage in any illegal conduct;
j. You shall not sublicense, rent, lease, sell, trade, gift, or otherwise transfer your Rumble Account or Third Party Platform’s account, or any Virtual Goods (as defined below) to anyone without Rumble’s written permission, or use somebody else’s account or Virtual Goods; and
Points and Virtual Goods
As part of the Services, you may have the opportunity to obtain points that can be used within the Games (“Points”), by purchasing such Points directly from Rumble or a Third Party Platform for “real world” money. You acknowledge and agree that:
By purchasing Points you receive a limited, non-transferable, non-sublicenseable, revocable license to obtain certain virtual, in-Game digital items (“Virtual Goods”).
Rumble has the right to manage, regulate, control, modify and/or eliminate Points and Virtual Goods as appropriate in its sole discretion, and shall have no liability to you or anyone for the exercise of such rights.
If you buy Points from a Third Party Platform, you agree to comply with any additional terms and conditions set forth by the Third Party Platform.
Rumble Content License
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Rumble policy, Rumble grants you a non-exclusive, non-transferable, revocable limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit through the Services any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, Rumble’s name, any Rumble trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Rumble’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Rumble’s computer systems, or the technical delivery systems of Rumble’s providers;
- Attempt to probe, scan, or test the vulnerability of any Rumble system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rumble or any of Rumble’s providers or any other third party to protect the Services;
- Disrupt or overburden (a) any computer or server used to offer or support the Services; or (b) the enjoyment of the Services or any Games by any other person;
- Design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Services or any game experience;
- Attempt to access or search the Services or download Rumble Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Rumble or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Chrome, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Rumble trademark, logo URL or product name without Rumble’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Rumble Site;
- Solicit any personally identifiable information from other users of the Rumble Site or the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Copyrighted Materials: No Infringing Use.
You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Rumble has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rumble Site and Services (“Feedback”). You may submit Feedback by emailing us at forums.rumblegames.com and/or support.rumblegames.com. You hereby grant to Rumble a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use the Feedback in connection with the Services and any other media, whether existing now or developed in the future.
Interactions between Users
Sweepstakes and Contests
Third Party Advertising; Links to Third Party Sites
Termination and Rumble Account Suspension or Cancellation
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RUMBLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
RUMBLE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RUMBLE MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RUMBLE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER RUMBLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RUMBLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT RUMBLE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, RUMBLE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE RUMBLE SITE OR THROUGH THE SERVICES.
IN NO EVENT WILL RUMBLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RUMBLE SITE, SERVICES OR GAMES EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RUMBLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Controlling Law and Jurisdiction